If you die without a Will, what happens? One of my colleagues says, “Texas writes one for you.” What he means by that is that the Texas Estates Code determines how your property will be divided if you do not indicate your wishes in a formal Will. For the vast majority of people, doing a Will is inexpensive and simple. But if you die without one, what would have been simple, may … [Read more...]
What Will Happen to Our Retirement in Our Divorce? And Why Do I need a Retirement Benefits Attorney?
In many divorces, the largest asset is the couple’s retirement, although many couples do not think about that because their retirement is still a way off. It could come from a private sector plan including a 401(k) or a profit sharing plan, a plan for public school employees such as a 403(b) or Teacher Retirement System of Texas (TRS), a statewide governmental plan like the Texas Municipal … [Read more...]
“Love, Honor and Negotiate” – Pre-Marital Agreements as Insurance for Your Relationship
Whatever the long-term relationship status might be, it is a good idea to have a pre-marital or cohabitation agreement. Why? Many people are now waiting to marry until later in life. Some do not marry at all, but are in long-term co-habitation relationships. Psychologists and other social scientists say this is because of one or several possibilities: the expectations of … [Read more...]
How to Start Your Marriage Off Right
Considerations for A Pre-Nup (called Pre-Marital Agreement in Texas) People don’t usually think about using the Collaborative Law Process for crafting their Pre-Marital Agreement, but I think it’s much better than the traditional way of negotiating these agreements. The traditional way for a Pre-Marital Agreement is for one side to go to their attorney and ask their attorney to draft … [Read more...]
The Divorce Process Should “Do No Harm”
By the time couples get to our (family law attorneys) offices, they have typically said and done harmful things to each other, sometimes even in public and in front of the children. When relationships are in the throes of a break-up, the worst thing that can be done is to heighten the animosity between the couple. But, sadly, that is usually what the adversarial (or Court) model does. In the Court … [Read more...]
How to Manage Shared Parenting Time
What is really in the “best interest” of the children? I spent last week in New Orleans at the State Bar of Texas/American Academy of Matrimonial Lawyers seminar on “Breaking Boundaries in Custody Litigation.” As someone who has embraced Collaborative Divorce and non-adversarial conflict resolution for families, it might seem curious why I would go to a course that even has “litigation” … [Read more...]
Separated Parents Can Misconstrue Children’s Behavior
Separated Parents are at risk of misunderstanding their child’s behavior It is common to receive reports from parents that when their child goes to visit the other parent during or after a divorce, they are anxious or more difficult to deal with. The child’s behavior can seem strange or abnormal to the parent. The parent who receives the child back is concerned that the visits … [Read more...]
The Brangelina Divorce-Who Wouldn’t Want Their Divorce to Be Private?
Well, I guess we knew it had to happen--anything so cute (and Hollywood contrived) as to be called “Brangelina” had to end eventually. These aren't the 1930's-1950's when all the movies and marriages ended happily ever after (or at least they pretended to). But with today's media, nothing can be kept private, or can it? If Brad Pitt and Angelina Jolie have had the sense to convert their divorce to … [Read more...]
Not Having a Last Will Can Really Cost You (and Your Family)
Not having a Last Will can really cost you (and your family). I just read in the news this morning that Prince, the recently deceased musician and movie star, had no Last Will. Amazing. All those millions; all those fans; he accomplished so much, and yet, he forgot, or just didn't get around to doing one simple thing that will endanger the relationships in his family and the value of his estate … [Read more...]
More Considerations on the “Gray Divorce”
In an earlier post, I highlighted the "Gray Divorce." Several studies have been ongoing around the country about Gray Divorces, divorces occurring in the “over 50” population. In 2014, Susan Brown, a professor and chair of the Sociology Department at Bowling Green University, called "Gray Divorce, A Growing Risk Regardless of Class of Education," in which she discussed that while education appears … [Read more...]
